[Introduced January 14, 2011; referred to the Committee on Health
and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §61-5-12b of the Code of West Virginia,
1931, as amended, relating to escape from custody of the
Director of Juvenile Services; and penalties.

Be it enacted by the Legislature of West Virginia:

That §61-5-12b of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

§61-5-12b. Escape from custody of the Director of Juvenile
Services.

(a) Any person who escapes from the custody of the director of
Division of Juvenile Services, regardless of where he or she is
confined or detained, shall be guilty of a misdemeanor and, upon
conviction, shall be confined in jail, or in the case of a person
under the age of eighteen, in a juvenile facility, for not more
than one year.

(b) Venue for the prosecution of a violation of this section
shall be in the county in which the escape occurs: Provided, That
if the person is under the age of eighteen, upon agreement of all
parties, the prosecution of the escape may be transferred to the
circuit court from which the juvenile was originally committed.

(a) Any person, under the age of eighteen years of age, who
escapes or attempts to escape from the custody of the Director of
Juvenile Services, regardless of where such person is confined or
where such escape occurs, is guilty of a delinquent act and subject
to the jurisdiction of the circuit court of the county in which the
escape occurred, pursuant to section two, article five, chapter
forty-nine of this code: Provided, That upon agreement of all
parties, the prosecution of the escape may be transferred to the
circuit court from which the juvenile was originally committed.

(b) Any person, over the age of eighteen years of age or any
juvenile who has been transferred to the adult jurisdiction of the
committing court, who escapes or attempts to escape from the
custody of the Director of Juvenile Services, regardless of where
such person is confined or where such escape or attempted escape
occurs, is guilty of escape and, if the person is detained or
confined for an offense which is a felony or would have been a
felony if committed by an adult is guilty of a felony and, upon
conviction thereof, shall be imprisoned in a state correctional
facility not more than five years. Any person who is detained for
an offense which is a misdemeanor or would have been a misdemeanor
if committed by an adult is guilty of a misdemeanor, and upon
conviction thereof, shall be confined in a regional jail for not
more than one year.

NOTE: The purpose of this bill is to provide that any person,
under the age of eighteen, who attempts to escape from the custody
of the Division of Juvenile Services, is guilty of a delinquent act
and subject to the jurisdiction of the circuit court of the county
in which the escape occurred. The bill further provides that any
person over eighteen or any juvenile who has been transferred to
the adult jurisdiction of the committing court, who escapes or
attempts to escape from the custody of the Division of Juvenile
Services, shall be guilty of escape, and if the person was detained
for a felony offense, shall be guilty of a felony and, confined in
jail for not more than five years. The bill further provides that
any person over eighteen or any juvenile who has been transferred
to the adult jurisdiction of the committing court, who escapes or
attempts to escape from the custody of the Division of Juvenile
Services, shall be guilty of escape, and if the person was detained
for a misdemeanor offense, shall be guilty of a misdemeanor, and
confined in a regional jail for not more than one year.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.

This bill was recommended for introduction and passage during
the 2011 Regular Session of the Legislature by the Legislative
Oversight Committee on Regional Jail and Correctional Facility
Authority.